AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
October 24, 2017
Tuesday
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V. Public Comment and Presentation

     A. Public Comment

     B. Presentations 

  • Jayson Hulbert - Recognition for donation to Ayres Animal Hospital
  • Betty Flint - Caregiver of the Year

VI. Communications

VII. Approval of Minutes

VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
225

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH HUMANA FOR THE MEDICARE ADVANTAGE PLAN (PERSONNEL)

Headwell, Jr./DimondMove to Full Legislature
226

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Isabel/WilsonMove to Full Legislature
227

RESOLUTION APPOINTING MEMBER TO THE AUDIT COMMITTEE  (COUNTY LEGISLATURE)

Wilson/DuchessiMove to Full Legislature
228

RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH THE VILLAGE OF CANAJOHARIE  (COUNTY LEGISLATURE)

Dimond/KellyMove to Full Legislature
229

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW I OF 2017 (LOCAL LAW 9) - A LOCAL LAW AMENDING LOCAL LAW 3 OF 2007 FOR REAL PROPERTY TAX EXEMPTION FOR COLD WAR VETERANS (REAL PROPERTY)

Kelly/SweetMove to Full Legislature
230

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN GRANT APPLICATION AND ESTABLISH PUBLIC HEARING – OFFICE OF HOMES AND COMMUNITY RENEWAL – PROPOSED VIDA BLEND, LLC PROJECT (ECONOMIC DEVELOPMENT AND PLANNING)

Wilson/IsabelMove to Full Legislature
231

RESOLUTION SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCEL INTO AGRICULTURAL DISTRICT NO. 2 and INCLUSION OF A PARCEL INTO AGRICULTURAL DISTRICT NO. 3 (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/DimondMove to Full Legislature
232

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO INTERMUNICIPAL AGREEMENTS FOR THE PROVISON OF YOUTH SERVICE PROGRAMS (DEPT. OF YOUTH, ATI & VETERANS)

Wilson/KellyMove to Full Legislature
233

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - MENTAL HEALTH SERVICES

Wilson/DimondMove to Full Legislature
234

RESOLUTION TO AMEND 2017 BUDGET -STATE TRAINING PROGRAM (SOCIAL SERVICES)

Dimond/WilsonMove to Full Legislature
235

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - NYS DIVISION OF HOMELAND SECURITY GRANT (SHERIFF)

Kelly/WilsonMove to Full Legislature
236

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A GRANT AGREEMENT-SAM, STATE AND MUNICIPAL FACILITIES PROGRAM (EMERGENCY MANAGEMENT)

Kelly/SweetMove to Full Legislature
237

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - MEDICAL FEES (CORONER)

Isabel/Headwell, Jr.Move to Full Legislature
238

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A BUSINESS ASSOCIATE AGREEMENT (BAA) WITH COMMUNITY HEALTH CENTER OF ST. MARY'S HEALTHCARE AND NATHAN LITTAUER HOSPITAL (EMERGENCY MANAGEMENT)

Sweet/WilsonMove to Full Legislature
239

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER #1 FOR POLLARD EXCAVATING INC. - FLOW METER REPLACEMENT

Sweet/KellyMove to Full Legislature
240

RESOLUTION AUTHORIZING THE SALE OF COUNTY-OWNED MOTOR VEHICLE EQUIPMENT (PUBLIC WORKS)

Kelly/SweetMove to Full Legislature
241

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - SANITARY DISTRICT NO. 1

Kelly/SweetMove to Full Legislature
242

RESOLUTION AUTHORIZING FULTON-MONTGOMERY-SCHOHARIE WORKFORCE DEVELOPMENT BOARD SUBMITTAL OF A WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014 PLAN MODIFICATION FOR 2017-2021 (COUNTY LEGISLATURE)

Dimond/WilsonMove to Full Legislature
243

RESOLUTION APPROVING THE RETIREMENT DAYS CREDITED MONTHLY FOR ELECTED OFFICIALS 

Kelly/SweetMove to Full Legislature
244

RESOLUTION CONFIRMING APPOINTMENT MADE BY THE COUNTY EXECUTIVE TO THE FULTON-MONTGOMERY COMMUNITY COLLEGE BOARD OF TRUSTEES (COUNTY LEGISLATURE)

Kelly/Headwell, Jr.Move to Full Legislature
245

RESOLUTION APPOINTING REPUBLICAN ELECTION COMMISSIONER (BOARD OF ELECTIONS)

Kelly/SweetMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 225 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH HUMANA FOR THE MEDICARE ADVANTAGE PLAN (PERSONNEL)


Resolution by Legislator: Headwell, Jr.
Seconded by: Dimond

WHEREAS, in 2017, the Personnel Officer directed our Health Insurance Broker to market our retiree health insurance, as our Medicare eligible retiree population received a significant increase in premiums for said year,

WHEREAS, as a result of the marketing, it has been recommended by the Personnel Officer that Montgomery County change carriers from Empire Blue Cross Mediblue Freedom PPO Medicare Advantage plan to Humana Medicare Advantage plan for health insurance only, (no prescription drugs); and 

WHEREAS, although Empire Blue Cross Mediblue Freedom PPO Medicare Advantage has provided excellent service to Montgomery County and the retiree population, the rates are not competitive; and 

WHEREAS, Humana is matching 100% of the current plan design; and 

WHEREAS, Humana's pricing is projected to be a $253,376.64 annual savings

RESOLVED, that the County Executive, following review and approval by the County Attorney , is authorized and directed to sign an agreement with Humana Medicare Advantage plan for health insurance only, (no prescription drugs) at a rate of $194.46 per member per month.

FURTHER RESOLVED, that said agreement shall be effective January 1, 2018 through December 31,2018.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN an AGREEMENT WITH HUMANA FOR THE MEDICARE ADVANTAGE PLAN


II. Justification:

Montgomery County provides health insurance benefits to retirees who are age 65 and over.


III. Legislative Impact:

Pursuant to Article 3 of the  Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

Cost savings to the County of $253,376.64



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 226 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Isabel
Seconded by: Wilson

WHEREAS, pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment; and

WHEREAS, the Audit Committee has audited claims for the period of September 27, 2017 through October 26, 2017 and recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

RESOLVED, after examination and review of the claims by the Audit Committee, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Monthly Abstract of Audited Claims - October 24, 2017

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

Pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment.


III. Legislative Impact:

Pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment.


IV. Financial Impact:

No impact to the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 227 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER TO THE AUDIT COMMITTEE  (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Duchessi

WHEREAS, pursuant to Section 2.10 of the Montgomery County Charter and Section 2.03 (A) xiv of the Rules of Procedure of the Montgomery County Legislature, there shall be an Audit Committee composed of the Chairperson of the Legislature, the Chairperson of the Standing Committee on Budget & Finance and one additional Legislator; and

WHEREAS, the Montgomery County Legislature appoints a member each month to fill the position of the additional Legislator on the Audit Committee; and

RESOLVED, Legislator Headwell is hereby appointed to serve on the Audit Committee for the month of November 2017 and the month of December 2017.

RESOLUTION VOTE, passed with Aye(8). Legislator Headwell, Jr. abstained. (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

 APPOINTING MEMBER TO THE AUDIT COMMITTEE  


II. Justification:

The Legislature has chosen to make appointments to fill the third position on the Audit Committee.


III. Legislative Impact:

Pursuant to Section 2.10 of the Montgomery County Charter and Section 2.03 (A) xiv of the Rules of Procedure of the Montgomery County Legislature, there shall be an Audit Committee composed of the Chairperson of the Legislature, the Chairperson of the Standing Committee on Budget & Finance and one additional Legislator.


IV. Financial Impact:

To ensure that there is no negative impact of the Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 228 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH THE VILLAGE OF CANAJOHARIE  (COUNTY LEGISLATURE)


Resolution by Legislator: Dimond
Seconded by: Kelly

WHEREAS, the Village and the County have an interest in revitalizing urban areas and stabilizing neighborhoods; and 

WHEREAS, the County recognizes that the renewal of the these downtown areas throughout the County will strengthen the local economy and increase quality of life for residents; and 

WHEREAS, the Village applied for and was awarded a Local Waterfront Revitalization Grant; and 

WHEREAS, the County has foreclosed on the property that was the subject of the Village's Local Waterfront Revitilization Grant application; and 

WHEREAS, the County hereby supports the efforts of the Village’s  Local Waterfront Revitalization grant; and 

WHEREAS, the cooperative action of the County and the Village is expected to be to the benefit of the County and the Village

RESOLVED, that the Montgomery County Executive, upon review and approval by the County Attorney, is authorized to enter into a Memorandum of Understanding with the Village of Canajoharie to share the grant match and help to administer the  Local Waterfront Revitilization grant.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH THE VILLAGE OF CANAJOHARIE


II. Justification:

To work cooperatively with the Village on a grant that involves a property the County foreclosed on.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

$15,500 from professonal services will be used towards the grant match.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 229 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW I OF 2017 (LOCAL LAW 9) - A LOCAL LAW AMENDING LOCAL LAW 3 OF 2007 FOR REAL PROPERTY TAX EXEMPTION FOR COLD WAR VETERANS (REAL PROPERTY)


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, on October 23, 2007, a proposed local law which establishes a real property tax exemption for Cold War Veterans was presented to the Board of Supervisors for consideration and a public hearing that was held on November 27, 2007.  Local Law #3 of 2007 adopted establishing the Cold War Veteran's exemption and was filed at the State on Dec. 6, 2007.

WHEREAS, the purpose of this local law is to amend Local Law #3 of 2017 according to Real Property Tax Law 458-B which added the language "notwithstanding the ten year limitation imposed by the foregoing provisions of this subparagraph, a county, city, town, village or school district that has adopted a local law or resolution pursuant to paragraph (a) of this subdivision may adopt a local law or resolution providing that the exemption authorized by this section shall apply to qualifying owners of qualifying real property for as long as they remain qualifying owners, without regard to such ten year limitation.  This local law changes has been authorized by enabling legislation of an amendment to the Real Property Tax Law of the State of New York, which allows the extension beyond 10 years at local option of the taxing jurisdictions.  The prior local law also had a statement that required annually refiling to receive the exemption which should be removed because the RPTL 458-B states that the property owner shall not be required to refile each year.

WHEREAS, that the said Local Law, known as Introductory Local Law I of 2017 (Local Law 9), entitled "A Local Law which amends Local Law No. 3 of 2007", hereby is adopted and is incorporated as follow:

BE IT ENACTED by the Montgomery County Legislature as follows:

Local Law 3 of 2007 is hereby amended to include the following:

SECTION 3: EXEMPTION SCHEDULE

D. The exemption authorized by this law  shall  apply  to qualifying owners of qualifying real property for as long as they remain qualifying  owners,  without  regard  to  a  ten year limitation. 

SAVING CLAUSE: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect, and 

EFFECTIVE DATE:   This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State, 

RESOLVED, that the Clerk of the Montgomery County Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.


RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Prior Local Law

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ADOPTING A LOCAL LAW TO AMEND LOCAL LAW 3 OF 2007


II. Justification:

The State of New York has changed the requirements for the Cold War Veteran's Exemption allowing the taxing jurisdictions to remove the 10 year limit for the exemption by the adoption of a local law.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to pass local laws.


IV. Financial Impact:

Local Law #3 of 2007 had a 10 years limit for Cold War Veteran's.  This would allow the exemption to continue.  Otherwise, any Cold War Veteran that applied in 2008 will be losing the exemption next year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 230 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN GRANT APPLICATION AND ESTABLISH PUBLIC HEARING – OFFICE OF HOMES AND COMMUNITY RENEWAL – PROPOSED VIDA BLEND, LLC PROJECT (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Wilson
Seconded by: Isabel

WHEREAS, Montgomery County and Vida Blend, LLC. is eligible to apply for funding for economic development purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Economic Development Program; and

WHEREAS, the Office of Community Renewal provides grants to communities that wish to sponsor economic development activities that create or retain jobs for low- and moderate-income persons. The goal of the program is to fund projects that result in high quality, full-time jobs that are well paying and provide benefits and training to low- and moderate-income persons; and

WHEREAS, Montgomery County has prioritized economic development and job creation provisions which will result in a direct and positive impact to low and moderate income persons; and

WHEREAS, Montgomery County has supplied a request for funding on behalf of Vida Blend, LLC., under the terms set forth in the Office of Homes and Community Renewal’s Community Development Block Grant Program.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit all required application and subsequent reporting materials for funding under the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Economic Development Program, and

FURTHER RESOLVED, program requirements include the provision to hold a public hearing, and the Montgomery County Legislature hereby approves scheduling of a Public Hearing for November 28, 2017 at 6:50 p.m. in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, NY 1206; and

FURTHER RESOLVED, the Clerk of the Montgomery County Legislature is hereby directed to cause legal notice of said public hearing to be published according to local law.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes County Executive to sign CDBG application for the proposed Vida Blend, LLC. project in the Town of Florida and also schedules a public hearing on said application.


II. Justification:

Public Hearing related to said grant is necessary before application is submitted.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive is authorized to sign contracts.


IV. Financial Impact:

None.  Any grant revenues recieved will offset appropriations.  This is a pass through grant.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 231 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCEL INTO AGRICULTURAL DISTRICT NO. 2 and INCLUSION OF A PARCEL INTO AGRICULTURAL DISTRICT NO. 3 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Dimond

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the state’s agricultural Districts, and

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law sets forth the requirement that the Legislative Body in every county in New York State with existing Agricultural Districts must designate an annual 30-day period during which landowners may apply for inclusion of their agriculturally viable land in the Agricultural Districts, and

WHEREAS, Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the Legislature to include their properties in the Agricultural Districts, and

WHEREAS, during the one-month period extending from September 1, 2015 to September 30, 2017, the Montgomery County Farmland Protection Board received two such applications on behalf of the Legislature, and

WHEREAS, the report and recommendations of the Agricultural Farmland Protection Board are on file with the Clerk of the Montgomery County Legislature, and

WHEREAS, New York State Agriculture and Markets law Section 303-b requires the County Legislature, to hold a public hearing on the proposed inclusions; and

WHEREAS, the intent of the proposed inclusions is through the request of a landowner to include their 27.1 acre parcel of land within the boundaries of Agricultural District No. 3, and a request for a landowner to include their 118 acre parcel of land within the boundaries of Agricultural District No. 2; and 

RESOLVED, the County Legislature hereby schedules a public hearing on the district inclusions for November 28, 2017 at 6:55 pm in the Legislature Chambers. 64 Broadway, Fonda, NY 12068; and

FURTHER RESOLVED, the Clerk of the County Legislature hereby is directed to cause legal notice of said Public Hearing to be published according to law.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCEL INTO AGRICULTURAL DISTRICT NO. 2 and INCLUSION OF A PARCEL INTO AGRICULTURAL DISTRICT NO. 3


II. Justification:

There has been a request from  a landowner to include their 27.1 acre parcel of land within the boundaries of Agricultural District No. 3, and a request from a landowner to include their 118 acre parcel of land within the boundaries of Agricultural District No. 2


III. Legislative Impact:

Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the state’s agricultural Districts and Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the Legislature to include their properties in the Agricultural Districts.


IV. Financial Impact:

Could result in an agricultural tax exemption for both properties if they if they produce over the threshold established by Ag & Markets which is $10k annually.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 232 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO INTERMUNICIPAL AGREEMENTS FOR THE PROVISON OF YOUTH SERVICE PROGRAMS (DEPT. OF YOUTH, ATI & VETERANS)


Resolution by Legislator: Wilson
Seconded by: Kelly

WHEREAS, the NYS Office of Children and Family Services has allocated funding to the Montgomery County Youth Bureau for youth Development Funding; and

WHEREAS, the Youth Advisory Board has voted to allocate Youth Development Funding to the following municipalities to sponsor youth programs: 

Village of St. Johnsville
Village of Fort Plain
City of Amsterdam
Tribes Hill Youth Commission

RESOLVED, that the Montgomery County Executive, upon review and approval of the County Attorney is authorized to enter into agreements with the Village of St. Johnsville, Village of Fort Plain, City of Amsterdam and Tribes Hill Youth Commission for a term of January 1, 2017 to December 31, 2017 for the amounts approved by the Youth Advisory Board for the provision of youth service programs.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO  AGREEMENTS FOR THE PROVISION OF YOUTH SERVICE PROGRAMS


II. Justification:

A resolution is required to authorize the County Executive to enter into agreements for the provision of youth service programs


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

Funded by grant funding.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 233 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - MENTAL HEALTH SERVICES


Resolution by Legislator: Wilson
Seconded by: Dimond

WHEREAS, the Director of Community Services recommends transferring funds to pay for the forensic psychiatric hospitalization of a patient as required by the New York State Mental Hygiene Law, and

WHEREAS, the budgeted appropriation for Court Ordered Services has been fully expended and funds are necessary to pay for the hospitalization.

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:     
A-17-4-4310-00-.1110 (302)  Director of Community Services  $22,000.00
     
TRANSFER TO:     
 A-17-4-4320-00.4433 Court Related Expenses $22,000.00

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Request to Amend the 2017 Operating Budget


II. Justification:

Increase in Court Related Expenses as inmate was ordered by the Court system to a Foresnisc Psychiatric Facility.  Since the inmate has been held for more than 6 months, expenses have exceed expected cost in the budget line item.  This is per New York State Mental Hygiene Law that the County of origin is responsible for 50% of total cost of care per month.


III. Legislative Impact:

Pursuant to Article 2 of the Charter of Montgomery County, the Legislature has the power to make such appropriations.


IV. Financial Impact:

Transfer of funds from one line item that is not used to another line item to pay the expenses.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 234 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION TO AMEND 2017 BUDGET -STATE TRAINING PROGRAM (SOCIAL SERVICES)


Resolution by Legislator: Dimond
Seconded by: Wilson

WHEREAS, the Department of Social Services (State Training Program) is over budget for 2017. This program covers children who are in Office of Children and Family Services (OCFS) Custody with respect to Juvenile Detention;

WHEREAS, the Department currently had $250,000 in said budget line (A-18-4-.6011-00-.6129) and exceeded the budget by $149,368.31 and has received an additional invoice from OCFS / Fulton County DSS covering calendar year 2015 in the amount of $156,714.26;

WHEREAS, the Department requires additional funding in the amount of $156,714.26 for the 2017 year for the following program for a child placed by Fulton County DSS, due to the fact the child is a resident of Montgomery County;

WHEREAS, the State Training Program is currently 100% locally funded;

WHEREAS, the remaining funds in the amount of $156,714.26 needed will be transferred from the Family Assistance Appropriation Account A-18-4-6011-00-.6109.

RESOLVED, that the Montgomery County Legislators hereby supports, and authorizes the additional funds for the State Training Program,

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:    
A-18-4-6011-00-.6129 State Training Schools $156,714.26
     
TRANSFER TO:     
A-18-4-6011-00-.6109  Family Assistance  $156,714.26

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

The Department is requesting that $156,714.26 be transferred from the Family Assistance Appropriations Account to the State Training Program Account to cover the invoices from calendar year 2015 just received from OCFS / Fulton County DSS.


II. Justification:

The funds are needed to pay for children in Juvenile Detention under OCFS Custody. The additional expense is due to significant rate increases from the State facilities as the number of children in their care has remained somewhat consistent from the prior year’s invoice. 


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations and the County Executive has the authority to sign contracts.


IV. Financial Impact:

The request for transfer will be 100% funded with local dollars and is non-reimbursable by either Federal or State monies as the State already pays for one half of the expense.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 235 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - NYS DIVISION OF HOMELAND SECURITY GRANT (SHERIFF)


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, the Sheriff's Office has been awarded a grant from NYS Division of Homeland Security totaling $29,991 to be directed towards law enforcement; and

WHEREAS, the Sheriff's Office has a need to replace it's older portable radios with newer radios with better technology; and

WHEREAS, NYS Division of Homeland Security has approve the purchase of said equipment using the grant money.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-15-3-.3389  Other Public Safety  $29,991
     
INCREASE APPROPRIATIONS:     
A-15-4-3110-00-.2250  Technical Equipment $29,991

   

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To purchase new portable radio equipment using grant money.


II. Justification:

Required to purchase newer equipment to meet operational needs.  


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legsilature has the authority to make appropriations.


IV. Financial Impact:

No matching funds will be needed and it will reduce radio maintance needs.  



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 236 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A GRANT AGREEMENT-SAM, STATE AND MUNICIPAL FACILITIES PROGRAM (EMERGENCY MANAGEMENT)


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, the County of Montgomery was awarded $360,000 in grant funds from the State and Municipal Facilities Program through DASNY, the Dormitory Authority State of New York, and;

WHEREAS, said funds will be used for the design and installation of an emergency generator at the OESJ, Oppenhiem-Ephratah-St. Johnsville High School, and;

WHEREAS, the County shall issue a Request For Proposal (RFP) to engage a qualified professional service company capable of handling such a project in conjunction with Capital Project work already being performed at the OESJ High School.

NOW THEREFORE BE IT RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit any and all grant agreements  related to said grant, and

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A GRANT AGREEMENT-SAM, STATE AND MUNICIPAL FACILITIES PROGRAM (EMERGENCY MANAGEMENT)


II. Justification:

This grant money was provided to the Emergency Management Office after application in hopes of completing the installation of emergency generators at all of our emergency shelter locations throughout the County.

Once this is complete we will have emergency power at every location used in Montgomery County as a shelter and it will create a much better situation for our constituents during large scale emergencies or disasters. 


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

There is no financial impact for this resolution.  This is a $360,000.00 gift with no match funds required.  OESJ has also agreed to supplement this grant with $53,100.00 to complete all stages and they have agreed to take control of all maintenance and upkeep moving forward. 

A resolution was adopted by the OESJ School Board and made part of the official record indicating these items.

We do not know exactly when this project wil commence so the County Treasurer suggested we leave any budget transfers out of this resolution and wait until we recieve the signed agreement back and we are ready to proceed.  At that time we will do another resolution requesting to realize the revenue and place the money in a specific line for purchase. 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 237 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - MEDICAL FEES (CORONER)


Resolution by Legislator: Isabel
Seconded by: Headwell, Jr.

WHEREAS, it is necessary to transfer funds into the medical fees appropriation line to cover expenses in the Coroner's Budget for autopsies and other fees,

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:     
A599 Appropriated Fund Balance  $25,000.00
     
TRANSFER TO:     
A-29-4-1185-00-.4436  Medical Fees $25,000.00

 

 

MOTION TO TABLE by Legislator Pepe, seconded by Legislator Purtell, passed with Aye(8). Legislator Isabel voted Nay. (10/24/2017)

MOTION TO REMOVE FROM TABLE by Legislator Pepe, seconded by Legislator Purtell, passed with Aye(9). (11/28/2017)

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Kelly, to change the RESOLVED clause as follows:

TRANSFER FROM:     

A-18-4-6010-00-.4471

Mileage Allocations $25,000.00
     
TRANSFER TO:     
A-29-4-1185-00-.4436  Medical Fees $25,000.00

 passed with Aye(9).(11/28/2017)

RESOLUTION VOTE, passed with Aye(9). (11/28/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Additional funding needed for Coroners' expenses


II. Justification:

Outstanding bills without enough funding to pay


III. Legislative Impact:

Approval of Legislature to transfer funds from Fund Balance. Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to make apprpriations.


IV. Financial Impact:

Additional funding of $25,000 needed to cover costs of autopsies for the remainder of 2017.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 238 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A BUSINESS ASSOCIATE AGREEMENT (BAA) WITH COMMUNITY HEALTH CENTER OF ST. MARY'S HEALTHCARE AND NATHAN LITTAUER HOSPITAL (EMERGENCY MANAGEMENT)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, the County Emergency Services/Management Director has been working with the Community Health Center (CHC) regarding preparedness, plan preparation, hazard assessment and evacuation plans;

WHEREAS, Community Health Center (CHC) has requested Montgomery County sign a Business Associate Agreement with them in order to share protected health information during an emergency/disaster that may require the assistance of Montgomery County Emergency Services/Management such as rescuing, evacuating or transporting:

NOW THEREFORE BE IT RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign this Business Associate Agreement.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A BUSINESS ASSOCIATE AGREEMENT (BAA) WITH COMMUNITY HEALTH CENTER OF ST. MARY'S HEALTHCARE AND NATHAN LITTAUER HOSPITAL


II. Justification:

The Montgomery County Emergency Services/Management Office continues to create relationships and work on general preparedness to better serve our constituents.  This is another example that will enable our first responders to gather vital important information and use that information to assist people with special needs during a specific time of need.  This agreement allows us to partner with CHC and is beneficial to all residents, visitors and people traveling through Montgomery County.     


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

There is no financial impact for this resolution, no money is exchanged this is simply a legal document to show a working relationship.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 239 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER #1 FOR POLLARD EXCAVATING INC. - FLOW METER REPLACEMENT


Resolution by Legislator: Sweet
Seconded by: Kelly

WHEREAS, Resolution 25 of 2017 authorizes the transfer of funds to cover the cost of the installation of a new magnetic flow meter at the Sanitary District No.1; and

WHEREAS, the original contract sum was $13,970.00; and

WHEREAS, Change Order #1 in the amount of $6,499.96 identifies the following:

making the total cost of the flow meter installation project $20,469.96.

RESOLVED, that the County Executive is hereby authorized and directed to execute Change Order #1 with Pollard Excavating Inc. in the amount of $6,499.96 to complete the flow meter installation.

FURTHER RESOLVED, the County Treasurer is authorized and directed to amend the 2017 Sanitary District No.1 Budget as follows:

TRANSFER FROM:     
G-26-4-8120-00-.4438 Misc Supporting Services $6,499.96
TRANSFER TO:    
G-26-4-8120-00-.4422  Equipment Rental/Lease/Repair $6,499.96

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizing County Executive to sign Change Order #1


II. Justification:

A resolution is required to approve Change Order #1 of the flow meter replacement project.


III. Legislative Impact:

Pursuant to Article 2 of the Charter of the Montgomery County Legislature has the power to make appropriations.

Pursuant to Article 3 of the Charter of the Montgomery County Legislature the County Executive has the authority to enter into Contracts. 


IV. Financial Impact:

Lateral move.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 240 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE SALE OF COUNTY-OWNED MOTOR VEHICLE EQUIPMENT (PUBLIC WORKS)


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, the Commissioner of Public Works has determined that certain motor vehicle equipment is no longer needed by the County; and

WHEREAS, the equipment is described as follows:

  1.  Post Closure Plow/dump truck

  2.  Buildings and Grounds Dodge Caravan (loaner)

  3.  Buildings and Grounds Chevrolet Utility Truck

  4.  Buildings and Grounds International Plow Truck

  5.  Highway Department Grader

  6.  Weights and Measures Ford Truck

  7.  Veterans Agency Van

WHEREAS, the Commissioner of Public Works has commissioned Collar City Auctions to hold an on-line auction.

RESOLVED, upon completion of on-line auction on October 27, 2017, the Commissioner of Public Works is authorized to sell above-mentioned used equipment through an on-line auction to the highest bidder.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To sell used equipment at auction.


II. Justification:

Equipment is beyond repair and is no longer needed in the Department of Public Works fleet of Equipment.


III. Legislative Impact:

Highway Law 133 authorizes the Legislature to approve the sale of highway equipment.


IV. Financial Impact:

Commission from the auction is paid by purchaser and funds from the sale will come back to the County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 241 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - SANITARY DISTRICT NO. 1


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, Resolution # 255 of 2016 authorizes the County Executive to bind insurance coverage for the Sanitary District No.1 in 2017 at a cost not to exceed $21,164.33,

WHEREAS, a transfer is needed to cover the cost of the policies,

RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:

G-26-4-8120-00-4407     Office Equipment       $165.00

TRANSFER TO:

G-26-4-1910-00-4480      Insurances                 $165.00

 

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To amend 2017 Operating Budget.


II. Justification:

To cover the cost of Insurance Premiums.


III. Legislative Impact:

Pursuant to Article 2 of the Charter of Montgomery County Legislature has the power to make appropriations. 


IV. Financial Impact:

Lateral move within the 2017 Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 242 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING FULTON-MONTGOMERY-SCHOHARIE WORKFORCE DEVELOPMENT BOARD SUBMITTAL OF A WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014 PLAN MODIFICATION FOR 2017-2021 (COUNTY LEGISLATURE)


Resolution by Legislator: Dimond
Seconded by: Wilson

WHEREAS, pursuant to the Federal Workforce Innovation and Opportunity Act of 2014, Fulton- Montgomery-Schoharie Counties Workforce Development Board is responsible for developing, integrating and coordinating a workforce development system to meet the needs of business and provides career opportunities for workers, and

WHEREAS, in accordance with the Federal Workforce Innovation and Opportunity Act of 2014, the Fulton-Montgomery-Schoharie Workforce Development Board must develop a local plan for July 1, 2017 through June 30, 2021.

RESOLVED, that the Fulton-Montgomery-Schoharie Workforce Development Board is hereby authorized to submit a local plan to the NYS Department of Labor for the period July 1, 2017 – June 30, 2021, and

FURTHER RESOLVED, that upon reveiw and approval of the County Attorney, the County Executive is hereby authorized to execute "Attachment D: Signature of Chief Elected Official" acknowledging the submission of the Local Plan Modification, and

FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Fulton-Montgomery-Schoharie Workforce Development Board and Fulton and Schoharie Counties.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING FULTON-MONTGOMERY-SCHOHARIE WORKFORCE DEVELOPMENT BOARD SUBMITTAL OF A WORKFORCE INNOCVATION AND OPPORTUNITY ACT OF 2014 PLAN MODIFICATION FOR 2017-2021


II. Justification:

The CLEO agreement was revised to meet new regulatory requirements.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

Agreement authorizes the FMS Workforce Development Board to provide planning guidance, monitoring, support, oversight and regulation to ensure the highest quality workforce development system.  There is no financial requirement from the county.

There is no fiscal responsiblity



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 243 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION APPROVING THE RETIREMENT DAYS CREDITED MONTHLY FOR ELECTED OFFICIALS 


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, the New York State Employee’s Retirement System requires a local governing body to set standards for retirement system credit for applicable part-time and full-time elected and appointed officials, and

WHEREAS, such standards are needed to set forth the average number of full-time equivalent (FTE) days worked by such employees.

FURTHER RESOLVED,  that the standard workday for the full-time elected positions hereby are established at 7 hours per day, and

FURTHER RESOLVED, the Montgomery County Legislature does hereby adopt and approve the standards for the “Retirement Days Credited Monthly for Elected Full-time Officials” under the New York Sate Employee’s Retirement System, and

FURTHER RESOLVED,  that the New York State Retirement System has requested forms RS 2417-A and RS 2417 –B be updated and submitted, and

FURTHER RESOLVED, that these Retirement System forms be submitted to the New York State Retirement System so that they can be audited for compliance and accuracy which will determine the credit of Retirement days for Montgomery County’sfull-time elected officials.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING THE RETIREMENT DAYS CREDITED MONTHLY FOR ELECTED OFFICIALS 


II. Justification:

The New York State Employee’s Retirement System requires a local governing body to set standards for retirement system credit for applicable officials.


III. Legislative Impact:

The Clerk of the Legislature is required to file said forms.


IV. Financial Impact:

Reporting documentation, therefore, no financial impact.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 244 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENT MADE BY THE COUNTY EXECUTIVE TO THE FULTON-MONTGOMERY COMMUNITY COLLEGE BOARD OF TRUSTEES (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Headwell, Jr.

WHEREAS, pursuant to the Polices and Bylaws of Fulton-Montgomery Community College the Board of Trustees must have five trustees to be appointed by the sponsoring counties to serve seven year terms; and

WHEREAS, the Montgomery County Executive has appointed Dr. Vicky Ramos to serve on the Fulton-Montgomery Community College Board of Trustees for the term ending June 30, 2020.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature confirms the appointment of Dr. Vicky Ramos to the Fulton-Montgomery Community College Board of Trustees.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

CONFIRMING APPOINTMENT MADE BY THE COUNTY EXECUTIVE TO THE FULTON-MONTGOMERY COMMUNITY COLLEGE BOARD OF TRUSTEES


II. Justification:

pursuant to the Polices and Bylaws of Fulton-Montgomery Community College the Board of Trustees must have five trustees to be appointed by the sponsoring counties to serve seven year terms


III. Legislative Impact:

Pursuant to the Charter the County Executive has the power to make appointments subject to the confirmation by the Montgomery County Legislature.


IV. Financial Impact:

no financial impact, appointment resolution



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 245 of 2017

DATED: October 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING REPUBLICAN ELECTION COMMISSIONER (BOARD OF ELECTIONS)


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, the Republican Election Commissioners term expires December 31, 2017, and

WHEREAS, the Republican Party Chairperson has submitted certification that the party has recommended Terrance J. Smith of 5849 State Hwy 30, Amsterdam, NY to appointment to the office of the Republican Election Commissioner for the next four-year term, be it

RESOLVED, that Terrance J. Smith, 5849 State Hwy 30, Amsterdam NY is hereby appointed Republican Election Commissioner pursuant to Election Law Section 3-204 and Resolution No. 85, of 2005, to a four-year term commencing on January 1, 2018 and ending on December 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (10/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING REPUBLICAN ELECTION COMMISSIONER


II. Justification:

The Republican Party Chairperson has submitted certification that the party of said recommendation


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to confirm appointments


IV. Financial Impact:

The position is fully funded in the 2018 Operating Budget.



cc: County Clerk
County Treasurer